S T A T E O F N E W Y O R K
________________________________________________________________________
8059
2011-2012 Regular Sessions
I N A S S E M B L Y
May 27, 2011
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Introduced by M. of A. THIELE -- Multi-Sponsored by -- M. of A. SALADINO
-- read once and referred to the Committee on Housing
AN ACT to amend the private housing finance law, in relation to creating
the "Peconic Bay region workforce housing opportunity act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act may be cited as the "Peconic Bay region workforce
housing opportunity act".
S 2. Legislative findings. The legislature hereby finds that critical
to the future of the Peconic Bay region is the need to protect community
stability by providing for an adequate supply of workforce housing
opportunities for all segments of the Peconic Bay community. One of the
great paradoxes of the Peconic Bay regional economy is that the number
of housing units in the Peconic Bay region has increased from 38,000 in
1960 to more than 85,000 today. Yet, the availability of affordable
housing opportunities for moderate income and working class residents is
in critically short supply.
The adverse impacts from this shortage of housing opportunities are
critical. For example, local employers have difficulty hiring and
retaining employees because of housing costs and availability. Local
volunteer emergency services agencies experience difficulty in recruit-
ment and retention. Long time residents are forced to leave the area.
Traffic congestion is exacerbated by the importation of labor from areas
with lower housing costs. Other land uses such as motels are being
converted to emergency and permanent housing. Finally, the lack of
affordable housing is resulting in residents being forced to live in
substandard, illegal conditions.
Unique demographics and economics in the Peconic Bay region, and a
lack of affordable dwelling units, are creating this housing shortage.
The combination of the Peconic Bay region's attractiveness, proximity to
the dense population of the New York metropolitan region, and proximity
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11673-01-1
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to that region's extraordinary wealth, makes the Peconic Bay region a
prime location for seasonal and luxury homes.
While this combination of extraordinary attractiveness, population and
wealth has created a strong local economy for the Peconic Bay region, it
has resulted in housing problems for local families. In the Peconic Bay
region, 37% of all housing units are seasonal. The population of the
region increases from 125,000 to more than 320,000 during the summer
season.
In summary, the demand of land for luxury and seasonal homes and
seasonal rentals has left a short supply of housing opportunities for
moderate income and working class local residents. The Peconic Bay
region needs a balanced housing policy where there exists a variety of
housing types and opportunities across the region's economic spectrum.
It is the purpose of this legislation, to give the towns of the Pecon-
ic Bay region the authority and resources needed to establish community
housing opportunities. This legislation would permit each town to estab-
lish a dedicated community housing opportunity fund to increase housing
opportunities in the region.
Specifically, towns would be permitted to provide loans to those resi-
dents and families below the median income level of the town who are
first time home buyers. Said loans would be up to $200,000. Such a loan
would permit more residents and families to access the existing housing
market. Said loan would be repaid upon any future sale of the dwelling.
The repayment amount would be equal to an amount in proportion to the
resale price as the original proportion of the loan to the original sale
price.
This program would provide funding to increase workforce housing
opportunities. It would also permit families under the program to enjoy
a proportional benefit in the equity of their new home. Finally, upon
resale, the town's proportional interest would be returned to the fund
to finance future workforce housing opportunities.
Said fund would be financed by a combination of state and local funds,
including a fee on new residential construction over 3,000 square feet.
The fund and fee enacted by local law would be subject to a mandatory
referendum.
S 3. The private housing finance law is amended by adding a new arti-
cle 23 to read as follows:
ARTICLE XXIII
PECONIC BAY REGION WORKFORCE HOUSING OPPORTUNITY ACT
SECTION 1160. DEFINITIONS.
1161. FUND AUTHORIZED.
1162. PURPOSES OF THE FUND.
1163. WORKFORCE HOUSING IMPACT FEE.
1164. MANDATORY REFERENDUM.
1165. SEVERABILITY CLAUSE.
S 1160. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING WORDS AND
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "PECONIC BAY REGION" MEANS THE TOWNS OF EAST HAMPTON, RIVERHEAD,
SHELTER ISLAND, SOUTHAMPTON, AND SOUTHOLD.
2. "WORKFORCE HOUSING" SHALL BE DEFINED AS HOUSING FOR HOUSEHOLDS WITH
INCOMES AT OR BELOW ONE HUNDRED PERCENT OF THE MEDIAN INCOME FOR EACH
TOWN WITHIN THE PECONIC BAY REGION.
3. "FUND" MEANS THE WORKFORCE HOUSING OPPORTUNITY FUND AUTHORIZED
PURSUANT TO THIS ARTICLE.
S 1161. FUND AUTHORIZED. THE TOWN BOARD OF ANY TOWN IN THE PECONIC BAY
REGION IS AUTHORIZED TO ESTABLISH BY LOCAL LAW A COMMUNITY HOUSING
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OPPORTUNITY FUND, PURSUANT TO THE PROVISIONS OF THIS SECTION. DEPOSITS
INTO THE FUND MAY INCLUDE REVENUES OF THE LOCAL GOVERNMENT FROM WHATEVER
SOURCE, INCLUDING BUT NOT LIMITED TO:
1. ALL REVENUES FROM THE WORKFORCE HOUSING IMPACT FEE AUTHORIZED BY
SECTION ELEVEN HUNDRED SIXTY-THREE OF THIS ARTICLE;
2. GENERAL FUND BALANCES OR SURPLUSES;
3. FUNDS RECEIVED BY THE TOWN FROM THE APPORTIONMENT OF MORTGAGE
RECORDING TAXES RECEIVED FROM THE COUNTY PURSUANT TO ARTICLE ELEVEN OF
THE TAX LAW;
4. FUNDS RECEIVED BY THE TOWN FROM THE SALE OF DEVELOPMENT RIGHTS FROM
A CENTRAL BANK;
5. THE REPAYMENT OF ANY LOANS ISSUED FROM PROCEEDS OF THE FUND;
6. ANY GIFTS OF INTERESTS IN LAND OR FUNDS; AND
7. ANY STATE OR FEDERAL GRANTS RECEIVED BY THE TOWN FOR PROVIDING
AFFORDABLE HOMES.
INTEREST ACCRUED BY MONIES DEPOSITED INTO THE FUND SHALL BE CREDITED
TO THE FUND. IN NO EVENT SHALL MONIES DEPOSITED INTO THE FUND BE TRANS-
FERRED TO ANY OTHER ACCOUNT. NOTHING CONTAINED IN THIS SECTION SHALL BE
CONSTRUED TO PREVENT THE FINANCING IN WHOLE OR IN PART, PURSUANT TO THE
LOCAL FINANCE LAW, OF ANY PURPOSE AUTHORIZED PURSUANT TO THIS SECTION.
MONIES FROM THE FUND MAY BE UTILIZED TO REPAY INDEBTEDNESS OR OBLI-
GATIONS INCURRED PURSUANT TO THE LOCAL FINANCE LAW CONSISTENT WITH
EFFECTUATING THE PURPOSES OF THIS SECTION.
S 1162. PURPOSES OF THE FUND. 1. THE PROCEEDS OF THE FUND ESTABLISHED
PURSUANT TO SECTION ELEVEN HUNDRED SIXTY-ONE OF THIS ARTICLE SHALL BE
UTILIZED (A) FOR THE PROVISION OF LOANS TO ELIGIBLE RESIDENTS OF THE
TOWN FOR THE PURCHASE OF A FIRST HOME PURSUANT TO THE PROVISIONS OF THIS
SECTION, (B) THE ACQUISITION OF COVENANTS, RESTRICTIONS, OR EASEMENTS
LIMITING EXISTING HOMES FOR WORKFORCE HOUSING, AND (C) THE PROVISION OF
HOUSING COUNSELING SERVICES BY NOT-FOR-PROFIT CORPORATIONS WHO ARE
AUTHORIZED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO
PROVIDE SUCH SERVICES.
2. A TOWN MAY MAKE A LOAN TO A RESIDENT OF THE TOWN FOR THE PURCHASE
OF A FIRST HOME FOR THE PURPOSE OF WORKFORCE HOUSING. SAID LOAN SHALL
NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER HOME. SAID LOAN SHALL BE
REPAYABLE TO THE TOWN UPON THE RE-SALE OF THE HOME. THE REPAYMENT TO THE
TOWN SHALL BE AN AMOUNT EQUAL TO THE PROPORTION OF THE ORIGINAL LOAN
FROM THE TOWN TO THE ORIGINAL PURCHASE PRICE TO THE RESALE PRICE.
3. ALL REVENUES RECEIVED BY THE TOWN FROM THE REPAYMENT OF LOANS SHALL
BE DEPOSITED IN THE FUND.
S 1163. WORKFORCE HOUSING IMPACT FEE. EACH TOWN IS HEREBY AUTHORIZED
TO IMPOSE, COLLECT, AND DISBURSE, AS SET FORTH IN THIS SECTION, A FEE ON
ALL NEW RESIDENTIAL CONSTRUCTION. SAID FEE SHALL BE IMPOSED ON NEW RESI-
DENTIAL CONSTRUCTION WHERE THE TOTAL FLOOR AREA OF SAID CONSTRUCTION
EXCEEDS THREE THOUSAND SQUARE FEET. SAID FEE SHALL BE SET BY THE TOWN
BOARD, BUT SHALL NOT EXCEED EIGHT DOLLARS PER SQUARE FOOT IN EXCESS OF
THREE THOUSAND SQUARE FEET. SAID FEE SHALL BE PAID UPON THE ISSUANCE OF
A BUILDING PERMIT BY THE TOWN. THE PROCEEDS OF SAID FEE SHALL BE DEPOS-
ITED IN THE COMMUNITY HOUSING OPPORTUNITY FUND CREATED BY THE TOWN
PURSUANT TO SECTION ELEVEN HUNDRED SIXTY-ONE OF THIS ARTICLE. HOUSING
CONSTRUCTION WHICH IS RESTRICTED TO WORKFORCE HOUSING SHALL BE EXEMPT
FROM THIS FEE.
S 1164. MANDATORY REFERENDUM. THE LOCAL LAW OR LAWS ESTABLISHING THE
WORKFORCE HOUSING OPPORTUNITY FUND AND AUTHORIZING THE WORKFORCE HOUSING
IMPACT FEE SHALL BE SUBJECT TO A MANDATORY REFERENDUM. SAID LOCAL LAW OR
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LAWS SHALL ONLY BECOME EFFECTIVE UPON THE ADOPTION OF SAID REFERENDUM BY
THE ELECTORS OF THE TOWN.
S 1165. SEVERABILITY CLAUSE. IF ANY PROVISION OF THIS ARTICLE OR
APPLICATION THEREOF SHALL FOR ANY REASON BE ADJUDGED BY ANY COURT OF
COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT,
IMPAIR, OR INVALIDATE THE REMAINDER OF THE ACT, BUT SHALL BE CONFINED IN
ITS OPERATION TO THE PROVISION THEREOF DIRECTLY INVOLVED IN THE CONTRO-
VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
S 4. This act shall take effect immediately.